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force to determine the full insurable value as defined in paragraph 16 herein, and the result and the <br />determination shall be conclusive between the parties for the purpose of this paragraph. The <br />proceeds of the insurance policy shall be deemed to be held in trust by the recipient for the uses <br />and purposes prescribed by this Agreement. Any insurance proceeds remaining after complying <br />with the provisions of this Agreement relating to maintenance, repair, and reconstruction of <br />improvements shall be City's sole property. <br />13. Eminent Domain. In the event of a total, substantial or partial taking of the <br />Gymnasium Facility by a governmental agency exercising its right of eminent domain, the rights <br />of the parties with respect to the term, the rent, and the award shall be as the parties then agree to <br />be just and equitable under all the circumstances, having in mind the economics of operating any <br />remaining portion of the premises and improvements, the cost of restoration, and the balance of <br />the term remaining, among other relevant considerations. <br />14. Community Use of the Facilities. Upon completion of the Gymnasium Facility, <br />such Facility shall be made available to children and adults of the community, subject to the <br />conditions of paragraph 8 herein in addition to the following: <br />(a) The Gymnasium Facility shall be maintained in operable condition twelve (12) <br />months each year, except for those periods of time required for floor resurfacing and other facility <br />repair or maintenance. <br />(b) At all times when Gymnasium Facility is used by City, the Gymnasium Facility <br />shall be under the supervision and control of City, its agents and employees and administered and <br />operated in accordance with all rules and regulations established by both the School District and <br />the City. If conflict occurs between the agencies' rules and regulations, the stricter rule or <br />regulation shall apply. City agrees to assume full responsibility for the scheduling, supervision <br />and control of recreational activities conducted by City. City further agrees to provide adequate <br />-7- <br />